Code:
(1) Upon receipt of a letter of request from a Court or an authority in a country or
place outside India competent to issue such letter in that country or place for the examination
of any person or production of any document or thing in relation to an offence under
investigation in that country or place, the Central Government may, if it thinks fit—
(i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he
may appoint in this behalf, who shall thereupon summon the person before him and
record his statement or cause the document or thing to be produced; or
(ii) send the letter to any police officer for investigation, who shall thereupon
investigate into the offence in the same manner,
as if the offence had been committed within India.
(2) All the evidence taken or collected under sub-section (1), or authenticated copies
thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as
the case may be, to the Central Government for transmission to the Court or the authority
issuing the letter of request, in such manner as the Central Government may deem fit.
Explanation:
BNSS Section 113 governs the process of international judicial assistance in criminal matters. It provides a framework for India to cooperate with foreign countries in investigating and prosecuting offenses committed outside India. This section empowers the Central Government to respond to requests for assistance from foreign courts or authorities.
Illustration:
Imagine a case where a person in India is suspected of being involved in a financial fraud committed in the United States. The US authorities, investigating the case, may send a request to India (through the Central Government) for assistance. This request could include:
- Examination of the suspect in India
- Production of documents related to the suspect’s financial transactions
Under Section 113, the Central Government can forward this request to a designated Magistrate, who then summons the suspect for questioning or directs the production of the relevant documents.
Common Questions and Answers:
- Q: What kind of requests can be made under this section?
A: Requests for assistance can include examinations, document production, seizure of evidence, and other forms of assistance relevant to the investigation or prosecution of a crime.
- Q: Who can issue a request for assistance?
A: Requests can be issued by courts or competent authorities in foreign countries, provided they have the legal authority to issue such requests.
- Q: Does India have to grant every request for assistance?
A: The Central Government has the discretion to grant or refuse the request. Factors such as the nature of the offense, the potential impact on India’s interests, and the reciprocity of assistance from the requesting country are considered.
